Be Informed on Transgender Accommodation

Employee Benefits Current Event

Transgender issues have been receiving more attention as of late - specifically bringing to light the necessity of workplace accommodations. As an employer, you should it’s important to ensure your company is successfully accommodating any transgender employee (or prospective employee) who is transitioning or has transitioned. Dealing with transgender workplace issues may be unchartered territory for many employers, so it’s important for HR professionals to be informed and prepared to handle situations appropriately.

The first step in accommodating a transgender employee is to create and maintain a work environment that’s inclusive of all and doesn't tolerate harassment or discrimination of any kind. Employees must understand that, whatever their personal beliefs, harassment and hostility towards others won’t be tolerated in the workplace.

One of the most common issues that arise when an employee decides to transition is restroom use in the workplace. However, the solution is fairly straightforward. A transgender employee, whether fully transitioned or in the process of transitioning, should be permitted to use the restroom of the gender he or she identifies with. You should not require a transgender employee to use a single-occupancy restroom or the restroom of the employee’s gender at birth. This could open your organization up to sex discrimination claims and costly litigation. The Occupational Safety & Health Administration (OSHA) has put together a Guide to Restroom Access for Transgender Workers, outlining best practices for employers.

Additionally, an individual may decide to change his or her name while transitioning. You should be sure to use the name and pronoun that the transgender employee prefers. Also watch for other employees’ deliberate use of the wrong name and/or pronoun as an attempt to demoralize the transgender employee.

Of course, there are a number of other issues that may arise when an employee is transitioning. It’s important that the individual has a specified point of contact to go to where he or she can talk about his or her concerns. Like most employee relations matters, the best progress and outcomes happen when employers take the time to sit down, listen and respect employees’ concerns. By providing an accommodating environment, your employees will be more productive, and you can avoid costly litigation.

Jason Blomquist is a Senior Vice President and Practice Leader at Assurance. With over 15 years of experience, he's an expert in self-funded plans and claims management. Prior to his role as Practice Leader, Jason was a Senior Vice President with Assurance. Prior to that, he served as Employee Benefits Practice Leader for a small insurance agency in Chicago. Jason earned his Bachelor of Arts degree in Economics and Political Science from the University of Wisconsin-Madison. He completed his Group Benefits Associate (GBA) and Certified Employee Benefit Specialist (CEBS) designations through the University of Pennsylvania Wharton School of Business. He's a member of the Society for Human Resource Management (SHRM), the Construction Financial Management Association (CFMA) and the GOA Regional Business Association. Jason also participates in local and national Broker Advisory Boards for several insurance carriers.

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